City Council Recap: Nov. 1, 2016

File photo

On the agenda

  • Rezoning 70 acres at Rupple and Mount Comfort roads.
  • Approval of the Macey Drive Townhomes off Mount Comfort Road.
  • Rezoning 0.3 acres at Mountain Ranch Boulevard.
  • Rezoning 0.3 acres at MLK Jr. Boulevard and Hill Avenue.
  • Rezoning 23 acres northeast of McGuire Street and Van Asche Drive.
  • Several changes to the city’s development codes.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Nov. 1, 2016 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.

Roll Call

Present: Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Martin Schoppmeyer, Alan Long
Absent: Adella Gray, Justin Tennant, John La Tour

» View current attendance records


Consent items are approved in a single, all-inclusive vote.

1. Approval of the Oct. 18, 2016 City Council Meeting Minutes
Pass 5-0

2. Repeal Resolution No. 180-16 (Details): A resolution to repeal Resolution No. 180-16, award Bid No. 16-60 and authorize the purchase of a prefabricated bridge in the amount of $31,500.00 plus applicable sales taxes from Art Thureson, Inc. of Waterford, Michigan for installation on the Cato Springs Trail.
Pass 5-0

3. Southwind Hospitality Holdings, LLC Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the contract with Southwind Hospitality Holdings, LLC to reflect the correct number of parking spaces being leased in the Meadow Street Parking Deck, and to approve a credit in the amount of $700.00 for past overpayment for two parking spaces.
Pass 5-0

4. Lexington Insurance Company (Details): A resolution to authorize acceptance of insurance proceeds in the amount of $457,925.07 from Lexington Insurance Company for necessary repair work on buildings located at the Fayetteville Executive Airport as a result of hail damage, and to approve a budget adjustment.
Pass 5-0

5. Garver, LLC Task Order No. 6 (Details): A resolution to approve Task Order No. 6 with Garver, LLC in the amount of $25,000.00 for bid package development, bidding services and construction phase services for the Drake Field Airfield Roof Rehabilitation Project.
Pass 5-0

6. CH2M Hill Engineers, Inc. Change Order (Details): A resolution to approve a change order to the out-of-scope agreement with CH2M Hill Engineers, Inc. in the amount of $30,000.00 to continue work on a use attainability analysis for the White River, and to approve a budget adjustment.
Pass 5-0

7. Sweetser Construction, Inc. Change Order No. 1 (Details): A resolution to approve Change Order No. 1 to the contract with Sweetser Construction, Inc. in the amount of $390,568.20 for the relocation of approximately 1,100 feet of 12-inch water main associated with the Rupple Road – Persimmon to Congressional Project.
Pass 5-0

Unfinished Business

1. RZN 16-5550 (2155 N. Rupple Rd./Hazen) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5550 for approximately 70 acres located east and west of Rupple Road and south of Mount Comfort Road from RSF-1, Residential Single Family, 1 unit per acre; RSF-4, Residential Single Family, 4 units per acre and R-A, Rresidential Agricultural to CS, Community Services and R-A, Residential Agricultural.
Tabled 5-0 until Nov. 15

Notes: Alderman Tennant, who is out of town, requested that this item be tabled until the next meeting.

Jim Hazen, who owns the property, spoke at the meeting tonight. He said his farm has been the scene of many construction projects through the years, including the installation of water mains and sewer systems through his land to help ensure the development of the neighboring subdivisions. He noted that the upcoming Rupple Road improvement project will further divide his land with a new roadway and bridge. He urged the council and the neighbors who have benefitted from the division of his land to support his rezoning request so he can move forward with plans for the property.

A resident who spoke said the area doesn’t have the proper infrastructure to handle any future development, especially the intersection at Rupple and Mount Comfort roads.

Mayor Jordan reminded the council that the intersection at Rupple and Mount Comfort will be completely redesigned and realigned next year.

The council agreed to table the issue until the Nov. 15 meeting.

2. VAC 16-5571 (West Jupiter Drive/Jupiter Drive) (Details): An ordinance to approve VAC 16-5571 submitted by Jorgensen and Associates, Inc. to vacate a portion of Jupiter Drive from McGuire Street to the AEP Substation.
Left on the second reading

3. Appeal of LSD 16-5488 the Macey Drive Townhomes (Details): A resolution to grant the appeal of Tim Briseiel of Legacy Ventures and to approve LSD 16-5488 Macey Drive Townhomes.
Tabled 5-0 until Nov. 15

Notes: For some context, please see our notes about this item from two weeks ago.

Tim Briseiel of Legacy Ventures spoke tonight and said he is considering an update to the plan that could include secondary for the proposed townhomes. Several residents who spoke two weeks ago were concerned that the new project would have only one access point. Briseiel requested the item be tabled so he can have time to work with city staff to develop the updated proposal.

4. Amend Chapters 161, 162, and 164 (Details): An ordinance to amend Chapters 161 and 162 to rename and replace “Cottage Housing Development” with “Cluster Housing Development”; to rename Chapter 164 to Supplementary Zoning Regulations and Specialized Development Requirements, to replace § 164.22 Cottage Housing Development with § 164.22 Cluster Housing Development and make further amendements to § 164.22.
Pass 5-0

New Business

1. RZN 16-5588 (407 North Mountain Ranch Boulevard/Striker Development) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5588 for approximately 3.65 acres located at 407 N. Mountain Ranch Blvd. from RSF-4, Residential Single Family to NC Neighborhood Conservation.
Pass 5-0

2. RZN 16-5594 (15 S. West/Kolberg) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5594 for approximately 0.37 acres located at 15 S. West Ave. from NC, Neighborhood Conservation to MSC, Main Street/Center.
Pass 5-0

3. Amendment to a Bill of Assurance (NW corner of Morningside & 15th/Rausch Coleman) (Details): An ordinance to amend Ordinance No. 5897 by modifying the Bill of Assurance to permit the realignment of a protected stream.
Pass 5-0

4. UARK Credit Union Rezoning Appeal (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5589 for approximately 0.37 acres located at 714 W. Martin Luther King Blvd. and 511 Hill Ave. from RMF-40, Residential Multi Family, 40 units per acre to C-1, Neighborhood Commercial.
Left on the first reading

Notes: Alderwoman Marsh questioned why the applicant didn’t request one of the city’s form-based zoning districts, which promote walkability.

Blake Jorgensen, who represented the UARK Credit Union at the meeting, said the center of the property is already zoned C-1, so changing the two outer sections to a form-based zoning wouldn’t make sense. He said he understands why Marsh would prefer to see a form-based zoning, but told the council the bank is planning to build a walkable building that won’t change in design regardless of the zoning.

The council decided to hold the request on the first reading and revisit the item in two weeks when more aldermen are present.

5. WG Land Company Appeal (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5590 for approximately 23 acres located northeast of McGuire Street and Van Asche Drive from C-2, Thoroughfare Commercial and C-3, Central Commercial to C-3, Central Commercial.
Left on the first reading

Notes: Tom Terminella, who represented the property owner at tonight’s meeting, said this item goes hand-in-hand with the Jupiter Drive vacation request, and requested the item be left on the first reading as well.


– A portion of Scull Creek Trail will be closed from Gordon Long Park to Appleby Road during the day for about two weeks while city crews work to stabilize the trail foundation and prevent erosion near the creek.

– A hands-on invasive species removal workshop is scheduled from 4-6 p.m. on Wednesday, Nov. 2 at Veterans Park, 4451 N. Vantage Drive in north Fayetteville.


This meeting was adjourned at 6:42 p.m.